Ipse Dixit

Ipse Dixit

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Ipse Dixit episodes

  • From the Archives 64: Norman Dacey Tells You How to Avoid Probate! (1966)

    In 1965, Norman Dacey published "How to Avoid Probate!," in which he advised people to avoid the probate "racket" by using an inter vivos trust. Dacey was a financial planner from Connecticut, not a lawyer. When he began advising his clients to use inter vivos trusts, the Connecticut Bar Association filed an unauthorized practice of law charge against him. In response Dacey published his book, which was immediately successful. The book not only explained how to create an inter vivos trust, but also provided a panoply of forms that people could use to create a trust.

    Lawyers were horrified, and published innumerable critical reviews of Dacey's book. And the New York County Lawyer's Association sued Dacey charging unlawful practice of law, but Dacey won the suit on appeal.

    In 1966, Dacey recorded this LP, which was also published by The National Estate Planning Council. Among other things, Dacey quotes Professor Fred Rodell of Yale Law School at great length. Dacey's comments on the sanctimony and venality of the legal profession are quite amusing indeed.

    Dacey eventually moved to Ireland, and died in 1994. His book is still popular, as are inter vivos trusts, despite some detractors.

    Hosted on Acast. See acast.com/privacy for more information.

    45 min
  • From the Archives 63: Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure, Part 4 (1963)

    In 1748, the English writer John Cleland published the novel "Memoirs of a Woman of Pleasure," popularly known as "Fanny Hill." Cleland wrote Fanny Hill while he was confined in a London debtor's prison, and it is considered the first pornographic novel. It is an "epistolary novel," consisting of two letters from Fanny Hill to an unnamed friend, describing her youth as a prostitute.

    Fanny Hill was banned in England the year after it was published, but illicit editions soon appeared, and found their way to the United States. In 1821, Massachusetts banned the novel, and the Massachusetts Supreme Court affirmed its suppression.

    In 1963, Putnam published Fanny Hill as "John Cleland's Memoirs of a Woman of Pleasure." New York State Supreme Court Judge Arthur G. Klein held that it was not obscene under the Supreme Court's Roth test, but a Massachusetts court disagreed. Putnam challenged the Massachusetts ruling, and the Supreme Court eventually held that Fanny Hill was not obscene under the Roth standard in A Book Named "John Cleland's Memoirs of a Woman of Pleasure", et al. v. Attorney General of Massachusetts (1966).

    In 1963, Recorded Literature, Inc. also published "Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure" a 2xLP dramatic reading of Fanny Hill, performed by Pamela Hayes Marshall, Felicia Peters, Marcia Gatsby, and Audrey Long. It appears that the names of the performers were all pseudonyms. The gatefold of the album liberally from Klein's opinion finding the book not obscene. Unsurprisingly, this "unexpurgated" version of Fanny Hill was edited to focus on only the most prurient parts of the story.

    This is the track list for part 3:

    • Mr. Norbert's Foolishness
    • Fanny's Inheritance
    • Reunion With Charles
    • Fanny's Farewell

    Hosted on Acast. See acast.com/privacy for more information.

    19 min
  • From the Archives 62: Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure, Part 3 (1963)

    In 1748, the English writer John Cleland published the novel "Memoirs of a Woman of Pleasure," popularly known as "Fanny Hill." Cleland wrote Fanny Hill while he was confined in a London debtor's prison, and it is considered the first pornographic novel. It is an "epistolary novel," consisting of two letters from Fanny Hill to an unnamed friend, describing her youth as a prostitute.

    Fanny Hill was banned in England the year after it was published, but illicit editions soon appeared, and found their way to the United States. In 1821, Massachusetts banned the novel, and the Massachusetts Supreme Court affirmed its suppression.

    In 1963, Putnam published Fanny Hill as "John Cleland's Memoirs of a Woman of Pleasure." New York State Supreme Court Judge Arthur G. Klein held that it was not obscene under the Supreme Court's Roth test, but a Massachusetts court disagreed. Putnam challenged the Massachusetts ruling, and the Supreme Court eventually held that Fanny Hill was not obscene under the Roth standard in A Book Named "John Cleland's Memoirs of a Woman of Pleasure", et al. v. Attorney General of Massachusetts (1966).

    In 1963, Recorded Literature, Inc. also published "Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure" a 2xLP dramatic reading of Fanny Hill, performed by Pamela Hayes Marshall, Felicia Peters, Marcia Gatsby, and Audrey Long. It appears that the names of the performers were all pseudonyms. The gatefold of the album liberally from Klein's opinion finding the book not obscene. Unsurprisingly, this "unexpurgated" version of Fanny Hill was edited to focus on only the most prurient parts of the story.

    This is the track list for part 3:

    • Affair With Will (Cont.)
    • Emily's Adventure
    • Harriet's Adventure
    • Luisa's Adventure

    Hosted on Acast. See acast.com/privacy for more information.

    23 min
  • Maybell Romero on Profit-Driven Prosecution

    In this episode, Maybell Romero, Assistant Professor at the Northern Illinois University College of Law, discusses her article "Profit-Driven Prosecution and the Competitive Bidding Process," which was published in the Journal of Criminal Law and Criminology. Romero begins by observing that many municipalities have privatized criminal prosecution, contracting out the job of prosecutor to the lowest bidder. She explains how this creates incentives to generate revenue, rather than do justice. She also reflects on how it might discourage women and minorities from pursuing jobs as prosecutors. And she makes suggestions about institutional changes that would address this problem. Romero is on Twitter at @MaybellRomero.

    This episode was hosted by Luce Nguyen, a student at Oberlin College and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy organization based at Oberlin College.

    Hosted on Acast. See acast.com/privacy for more information.

    35 min
  • Chris Sagers on United States v. Apple & the Purpose of Antitrust Law
    In this episode, Christopher L. Sagers, Professor of Law at Cleveland State University Cleveland-Marshall College of Law, discusses his new book, "United States v. Apple: Competition in America," which will be published by Harvard University Press. The book uses the United States v. Apple antitrust case to investigate antitrust policy and whether it is consistent with how people think about competition. Sagers begins by discussing the purpose of antitrust law, how antitrust doctrine works, and how antitrust policy has evolved over time. Then he describes the factual background of the United States v. Apple case, and reflects on why it seemed like an easy case for antitrust scholars, and a hard case for so many other people. He concludes by asking what antitrust law should try to accomplish, and how it should reconcile consumer welfare with other values. Sagers is on Twitter at @chrissagers.

    Hosted on Acast. See acast.com/privacy for more information.

    1 hr 18 min
  • From the Archives 61: Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure, Part 2 (1963)

    In 1748, the English writer John Cleland published the novel "Memoirs of a Woman of Pleasure," popularly known as "Fanny Hill." Cleland wrote the novel while he was confined in a London debtor's prison, and it is considered the first pornographic novel. Fanny Hill is an "epistolary novel," consisting of two letters from Fanny Hill to an unnamed friend, describing her youth as a prostitute.

    Fanny Hill was banned in England the year after it was published, but illicit editions soon appeared, and found their way to the United States. In 1821, Massachusetts banned the novel, and the Massachusetts Supreme Court affirmed its suppression.

    In 1963, Putnam published Fanny Hill as "John Cleland's Memoirs of a Woman of Pleasure." New York State Supreme Court Judge Arthur G. Klein held that it was not obscene under the Supreme Court's Roth test, but a Massachusetts court disagreed. Putnam challenged the Massachusetts ruling, and the Supreme Court eventually held that Fanny Hill was not obscene under the Roth standard in A Book Named "John Cleland's Memoirs of a Woman of Pleasure", et al. v. Attorney General of Massachusetts (1966).

    In 1963, Recorded Literature, Inc. also published "Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure" a 2xLP dramatic reading of Fanny Hill, performed by Pamela Hayes Marshall, Felicia Peters, Marcia Gatsby, and Audrey Long. It appears that the names of the performers were all pseudonyms. The gatefold of the album liberally from Klein's opinion finding the book not obscene. Unsurprisingly, this "unexpurgated" version of Fanny Hill was edited to focus on only the most prurient parts of the story.

    This is the track list for part 2:

    • Abduction Of Charles
    • The Landlady's Offer
    • Incident With Mr. H.
    • Affair With Will

    Hosted on Acast. See acast.com/privacy for more information.

    23 min
  • From the Archives 60: Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure, Part 1 (1963)

    In 1748, the English writer John Cleland published the novel "Memoirs of a Woman of Pleasure," popularly known as "Fanny Hill." Cleland wrote the novel while he was confined in a London debtor's prison, and it is considered the first pornographic novel. Fanny Hill is an "epistolary novel," consisting of two letters from Fanny Hill to an unnamed friend, describing her youth as a prostitute.

    Fanny Hill was banned in England the year after it was published, but illicit editions soon appeared, and found their way to the United States. In 1821, Massachusetts banned the novel, and the Massachusetts Supreme Court affirmed its suppression.

    In 1963, Putnam published Fanny Hill as "John Cleland's Memoirs of a Woman of Pleasure." New York State Supreme Court Judge Arthur G. Klein held that it was not obscene under the Supreme Court's Roth test, but a Massachusetts court disagreed. Putnam challenged the Massachusetts ruling, and the Supreme Court eventually held that Fanny Hill was not obscene under the Roth standard in A Book Named "John Cleland's Memoirs of a Woman of Pleasure", et al. v. Attorney General of Massachusetts (1966).

    In 1963, Recorded Literature, Inc. also published "Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure" a 2xLP dramatic reading of Fanny Hill, performed by Pamela Hayes Marshall, Felicia Peters, Marcia Gatsby, and Audrey Long. It appears that the names of the performers were all pseudonyms. The gatefold of the album liberally from Klein's opinion finding the book not obscene. Unsurprisingly, this "unexpurgated" version of Fanny Hill was edited to focus on only the most prurient parts of the story.

    This is the track list for part 1:

    • Journey To London
    • Encounter With Mrs. Brown
    • Rendezvous With Charles
    • Chelsea Tryst With Charles

    Hosted on Acast. See acast.com/privacy for more information.

    21 min
  • Annemarie Bridy on Copyright and Intertextuality
    In this episode, Annemarie Bridy, Allan G. Shepard Professor of Law at the University of Idaho College of Law, discusses her article "Fearless Girl Meets Charging Bull: Copyright and the Regulation of Intertextuality," which is published in the UC Irvine Law Review. Bridy begins by describing the history of DiModica's iconic "Charging Bull" sculpture, and the controversy surrounding the installation of the "Fearless Girl" sculpture, which encouraged viewers to see Charging Bull in a new light. She discusses the differences between United States and European Union copyright law, and why DiModica lacked a viable copyright claim under United States law. She uses the literary theory concept of "intertextuality" to explain how US law sees copyright law as "dialogic," while EU law sees it as "monologic." And she explains how these different concepts of authorship and the nature of the work affect how the law conceptualizes copyright claims, particularly in relation to fair use. Bridy is on Twitter at @AnnemarieBridy.

    Hosted on Acast. See acast.com/privacy for more information.

    39 min
  • Ilya Shapiro on the Privileges or Immunities Clause
    In this episode, Ilya Shapiro, Director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute, discusses his article "The Once and Future Privileges or Immunities Clause," which he co-authored with Josh Blackman, and which will be published in the George Mason Law Review. Shapiro explains the origin of the Privileges or Immunities Clause of the 14th Amendment and how it relates to the Due Process Clause. He describes the history of the Supreme Court's interpretation of the Privileges or Immunities Clause, and how the Reconstruction-era Court largely read it out of the Constitution in the Slaughterhouse Cases. And he reflects on the recent revival of interest in the Privileges or Immunities Clause, driven both by legal scholarship and by Justice Thomas's opinions in cases like McDonald v. Chicago. Shapiro is on Twitter at @ishapiro.

    Hosted on Acast. See acast.com/privacy for more information.

    35 min
  • Leslie Garfield Tenzer on Social Media and the Right to a Fair Trial
    In this episode, Leslie Y. Garfield Tenzer, Professor of Law at the Elisabeth Haub School of Law at Pace University, discusses her article "Social Media, Venue and the Right to a Fair Trial," which will be published in the Baylor Law Review. Tenzer begins by explaining how venue works in criminal trials, and how it affects the due process right to an unbiased jury. She describes the history of change of venue in criminal trials, and how technological changes have affected judicial evaluation of bias. And she observes that courts have explicitly ignored social media in the bias analysis, even though it can have a significant impact on jurors. She argues that courts should take social media into account and consider how it affects the right to a fair trial. Tenzer is the host of the Law to Fact podcast, and is on Twitter at @ProfLGTenzer. Her scholarship is available on SSRN.

    Hosted on Acast. See acast.com/privacy for more information.

    35 min

About Ipse Dixit

From the publisher's feed

Ipse Dixit is a podcast on legal scholarship. Each episode of Ipse Dixit features a different guest discussing their scholarship. The podcast also features several special series.

  1. "From…

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